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1 – AGREEMENT
1.1. These terms and conditions apply to our customers and users of our website and any associated processes and third party applications, including the purchase of goods and services online, in our stores and over the phone and via email communication.
1.2. When you browse our website or online marketplaces or place an order with inTouch Massage Chairs, you are agreeing to the terms and conditions that are set out in this agreement.
1.3. These terms and conditions may change from time to time.
2 – INTERPRETATION
2.1. In our terms and conditions:
2.1.1. “We”, “Our”, “Us” and “Company” refer to Vantage Direct Pty Ltd, trading as inTouch Massage Chairs.
2.1.2. “Customer” refers to the legal entity or person named in a sales document provided by our company.
2.1.3. “Order” refers to the purchase of goods and services by a Customer online, in our stores, over the phone or via email communication.
2.1.4. “Material” refers to any information (which includes but isn’t limited to drawings, source codes and data) or images of any type (whether or not they are visible) that are used or store on our website.
2.1.5. “Agreement” is referring to our terms and conditions, which includes the terms of any order that you, the user, have placed online, in our stores, via email or over the phone.
2.1.6. “Product/s” refers to items we have listed on our website, including our extended warranties.
2.1.7. “Delivery Cost” refers to the postage and handling costs that are associated with delivery of our products or goods to the customer.
2.1.8. “Website” is referring to our internet site that is located at the URL intouchmassagechairs.com.au and operated by our company.
2.1.9. “Goods” refers to the products that an order lists.
2.1.10. “Pre-order” refers to any items that are currently out of stock, anticipating that they are in stock on or around the date of dispatch that is stated on the website’s product listing.
2.2. Within this agreement, any reference to one gender includes all genders, reference to the singular will also include the plural, reference to a statute or act includes any statute or act that modifies, replaces or supersedes early statutes or acts, reference to persons will include all associations and bodies, including incorporated and corporate, or vice versa. The paragraph headings are only for reference purposes and any references to clauses are to specific clauses found within this terms and conditions agreement unless it is otherwise specified.
3 – WEBSITE USE
3.1. We take all necessary steps to ensure that our website is safe to use. We expect that you will take precautions to prevent the unlikely event that a virus or interference results in damage to your computer when using this website.
4 – PRICING
4.1. All prices listed on our website are in Australian Dollars.
4.2. All prices listed on our website include GST.
4.3. All prices we display on our website may change and notice is not required. Once you confirm an order, the price for the items in that particular order are fixed.
4.4. When you place an order, you are agreeing to pay the applicable delivery cost as calculated during the checkout process on our website or by a team member in our stores.
5 – PRODUCT SPECIFICATIONS
5.1. The specifications and features of our Products are subject to change and do not require notice.
5.2. Any dimensions and weights mentioned are approximate.
6 – ORDERS
6.1. An order may be placed either by completing the checkout process on our website or by speaking with a team member over the phone or by providing order details in our stores or by communicating with a team member via email. When you place your order, you are agreeing to purchase the Product/s that you have selected based upon this Agreement.
6.2. Your order will be deemed as received by our company when we send you an order confirmation to the email address you have provided to us.
6.3. It is your responsibility to provide us with the correct contact details and that you check your provided email address and phone message service regularly for our correspondence.
6.4. We reserve the right to refuse or cancel any order at any time before goods have been dispatched.
6.5. We reserve the right to alter the specifications of the Goods at any time without providing the Customer with notice, but only in the interest of product improvement.
6.6. In the unlikely event that an order cannot be fulfilled due to insufficient stock, we will offer delivery when the item is back in stock, an alternative product/colour or a full refund.
6.7. We reserve the right to refuse any sale.
7 – PAYMENT
7.1. We accept payment for orders by direct deposit, PayPal, MasterCard, Visa, American Express, UnionPay and cash. We also offer finance options which are processed through Payright, humm (formerly Certegy Ezi-Pay), zipMoney or Openpay.
7.2. When placing an order through our website, the payment will immediately be processed, including for any products that may be listed on pre-order. If the payment is not received for any reason, we may contact you to process the transaction or to confirm any details.
8 – OWNERSHIP OF GOODS AND DELIVERY
8.1. In the unlikely event that shipping delays occur, we are not liable for any damage or loss that is caused by this delay and we cannot provide refunds for the product or delivery cost.
8.2. In the unlikely event that Goods are damaged when they are in transit with third party carriers, the customer may contact our company in accordance with the Clause 9.
8.3. The delivery timeframes mentioned on our website are estimates only.
8.4. We will not dispatch massage chairs to a PO Box address.
8.5. When the customer signs for the delivery of the purchased Goods, they take on ownership of the Goods.
8.6. If a customer provides written authority for items to be delivered without providing a signature, any and all insurance cover included will then be voided if it is left as instructed by the customer.
8.7. The carrier that we nominate will deliver the Goods during business hours Monday to Friday, unless another arrangement has been made.
8.8. If a customer wishes to cancel their order after the order has been dispatched, the cancellation will be at the discretion of our company. The customer is responsible for any costs associated with the return and redirection.
8.9. Deliveries carried out by third party carriers are to the front door or garage at ground level. Delivery does not include assembly, placement, removal of packaging, carrying items up elevators, up stairs or inside a building. The customer is responsible for bringing the purchased goods from the door or garage to the inside of buildings or residences.
9 – DAMAGE OR FAULTY GOODS
9.1. Customers acknowledge that in rare cases, the Goods may arrive to customers with damage or faults which may be caused during transit or by other causes.
9.2. If a product arrives with a fault or is damaged, we will repair the faulty product, replace the product or provide the spare parts in accordance with the Standard or Extended Warranty provided by our company.
9.3. For any claims regarding faulty or damaged products, we may require video or photographic evidence, whichever is the most applicable in the case, of the fault or damage to be emailed to [email protected]
9.4. We reserve the sole discretion to decide whether the Goods are damaged or faulty in accordance with Clause 9.
9.5. We may seek the reimbursement of the costs that may be incurred by us when we find that a returned product is in good working order.
9.6. Any insignificant variations in finish or colour (as between the Goods that a customer receives and images that are shown on our website or demonstration models on display in our stores), or damage only to packaging, is not considered a fault and will not be covered by Clause 9. Customers acknowledge that the colour of items that are viewed on a computer screen image may not always be identical to the actual view of that particular item.
10 – MONEY BACK GUARANTEE
10.1. Refunds will be provided within 30 days of purchase for transactions made through our online store or over the phone by customers who cannot try the Good/s before purchase.
10.2. Refunds will not be provided after 30 days of purchase for any reason.
10.3. Customers must comply with all directions from inTouch Massage Chairs to facilitate the return of any Goods.
10.4. Goods must be returned to inTouch Massage Chairs in their original packaging and in a resalable condition to be onsold as a reduced demo model. No writing or marks are to be visible on the packaging. Stickers with delivery information are to be used only.
10.5. inTouch Massage Chairs will refund the product cost only. The cost to replace any damaged parts will be deducted from the refund amount. The following fees and charges cannot be reimbursed:
10.5.1. The cost of returning the Good/s to inTouch Massage Chairs.
10.5.2. Delivery and installation charges from inTouch Massage Chairs. If items are purchased with free delivery and/or installation, charges will be deemed the actual costs that were incurred to deliver and/or install the item.
10.6. If a delivery is rejected or an order is cancelled after the dispatch of the goods, the situation will be dealt with under the terms of the Money Back Guarantee policy.
10.7. Once all return conditions have been met and inTouch Massage Chairs are in receipt of the returned product, the refund will be processed.
11 – WARRANTIES
11.1. All massage chair products are covered by our company’s 3 year Standard Warranty (residential addresses only), which customers may choose to extend to a 4 or 5 year warranty at any time before delivery/dispatch through our website, our stores or over the phone.
11.1.1. Massager products are covered by our company’s 12 month Standard Warranty (residential addresses only).
11.2. Our company warrants all of our goods for the warranty period under normal usage, to be free from workmanship and material defects.
11.3. Our liability under this warranty is to provide replacement parts, spare parts, to repair, or to entirely replace (at our discretion) any product or part, without charge to the customer (subject to Clause 11.7.).
11.4. The warranty that we provided does not cover the following:
11.4.1. Products purchased for use in commercial premises (please contact us to discuss your commercial warranty options).
11.4.2. Damage that occurs due to abuse, inappropriate placement or abnormal use.
11.4.3. Consequential or indirect loss.
11.4.4. Products that have been modified or those that have not been properly maintained.
11.4.5. Normal wear and tear on the product, including superficial blemishes.
11.4.6. Damage to the delivery packaging only.
11.4.7. Damage caused by incorrect installation of the product.
11.4.8. Damage caused by events such as floods, fire or accidents.
11.4.9. Any insignificant variations in the advertised colour, finish, or dimensions of the product, between the customer’s received goods and the descriptions or images shown on our website.
11.5. When customers purchase an Extended Warranty, that warranty period will replace the original 3 year Standard Warranty period. A 4 year Extended Warranty incorporates the 3 year Standard Warranty plus an additional 1 year warranty period. A 5 year Extended Warranty incorporates the 3 year Standard Warranty plus an additional 2 year warranty period.
11.6. Customers requesting a service in accordance with our warranty must assist with our requests to provide further details, proof of purchase, investigation of the product by the customer, photos or videos if needed. This is so the provision of spare parts and/or repair and/or replacement solutions can be organised and carried out and we can provide a solution that is appropriate.
11.7. We will endeavour to provide replacement parts, spare parts, to repair, or to replace (at our discretion) any product under warranty within a reasonable timeframe.
11.8. Customers requesting a service outside of the warranty period understand that there will be fees charged to cover labour and parts.
11.9. Our product warranties cannot be excluded under Australian Consumer Law. For major failure, you are entitled to a refund or replacement. We deem major failure to be faults that cannot be repaired. If the failure is not a major failure, our liability under this warranty is to provide replacement parts, spare parts, to repair, or to entirely replace (at our discretion) any product or part that is covered by the warranty, without charge to the customer.
11.10. The warranty period begins on the date of receipt. If no receipt of delivery is available, it is assumed that the date will be three days after the date that the product was dispatched. Please keep your Tax Invoice as proof of purchase.
11.11. Warranties cannot be transferred to another person or product.
12 – ZIPMONEY
12.1 Available to approved applicants only.
12.2. Minimum monthly payments apply.
12.3. No deposit required.
12.4. Interest free period of 12 months on purchases of 0 – $3,000. Interest free period of 24 months on purchases of $3,000 – $5,000.
12.5. A borrowing limit of $5,000 applies for zipMoney.
12.6. After interest free period is finished, interest will accrue at the standard annual percentage rate.
12.7. An establishment fee may apply to your account and will be added to the balance owing.
12.8. A monthly admin fee of $6 will apply to accounts with a balance owing.
12.9. Lending criteria, terms, conditions, fees and charges apply and are available on application.
12.10. Credit is provided by zipMoney Pty Ltd (ABN 58 164 440 993), Australian Credit Licence number 441878.
12.11. Visit zipmoney.com.au to learn more about zipMoney.
13 – HUMM (FORMERLY CERTEGY EZI-PAY)
13.1 Available to approved applicants only.
13.2. Minimum monthly payments apply.
13.3. A 10% deposit is required in most cases. This may be lower for humm (formerly Certegy Ezi-Pay) VIP customers. In some cases, humm (formerly Certegy Ezi-Pay) requires a higher deposit.
13.4. Interest free period up to 30 months, after which interest will accrue at the standard annual percentage rate.
13.5. A borrowing limit of $10,000 applies for humm (formerly Certegy Ezi-Pay).
13.6. An establishment fee of $65 will apply to your account and will be added to the balance owing.
13.7. A monthly account keeping fee of $8 applies while account remains open.
13.8. Lending criteria, terms, conditions, fees and charges apply and are available on application.
13.9. Credit is provided by Certegy Ezi-Pay Ltd (ABN 28 129 228 986), a subsidiary of FlexiGroup Limited.
13.10. Visit shophumm.com.au to learn more about humm (formerly Certegy Ezi-Pay).
14 – PAYRIGHT
14.1 Available to approved applicants only.
14.2. Minimum fortnightly or monthly repayments apply.
14.3. A minimum 5% deposit is required.
14.4. Interest free for the entire payment plan up to 30 months.
14.5. A borrowing limit of $10,000 applies for Payright.
14.6. An establishment fee of $59.90 will apply to your account and will be added to the balance owing.
14.7. A monthly account keeping fee of $3.50 applies. A $2.95 payment processing fee applies for each repayment processed.
14.8. Lending criteria, terms, conditions, fees and charges apply and are available on application.
14.9. Credit is provided by Payright Ltd (ABN 24 605 753 535).
14.10. Visit payright.com.au to learn more about Payright.
15 – INTELLECTUAL PROPERTY
15.1. Any and all Intellectual Property found in any Material on our website or any marketing in our stores is considered the property of our company. No one may adapt, display, distribute, perform, modify or reproduce any part of or any Material found on this website or in our stores.
16 – INDEMNITY
16.1. You agree to indemnify our company and to hold harmless from any claims, taxes, expenses, loss, liability and/or damage that may be incurred by our company in connection with your use of our website and the use of any of our company’s products outside of the specifications provided by the manufacturers, which are included in product manuals.
17 – LIABILITY
17.1. To the extent that is permitted by the law, we will not be held liable for any loss of contracts, loss of profits, loss of data, loss of income, or any other consequential or indirect damage or loss of any type arising from the purchase of our products and services and the use of our products.
17.2. To remove any doubt, nothing found in this clause restricts or limits your ability to make a claim available to you for our company’s failure to comply with any of the guarantees found in the Australian Consumer Law.
18 – PRIVACY
18.1. Personal information about our customers is gathered and shared by our company for the following purposes:
18.1.1. Carrying out any repair work, whether in or out of warranty repairs.
18.1.2. Delivering or supplying products to customers.
18.2. Our company is committed to keeping your privacy and personal information protected due to our ethical and legal commitment to comply with any relevant laws, and more importantly, because our company understands that you care how your information may be shared and used.
18.3. Our company will not sell any personally identifiable information about our customers.
18.4. As we deal with our customers, we may collect and keep information, including names, contact details, order details and notes on our communication with customers. This information is used for customer service, warranty and delivery purposes and for the purpose of company improvement. This information may be held in hard copy and data storage systems but will only be accessed by contractors or employees that are required to access this information in order to perform their functions.
18.5. Customers who provide a review of our products through our website or to one of our staff members over the phone, agree to that review or part of that review to be published on our website and used on our social media platforms for marketing purposes.
18.6. From time to time, we may contact customers for the purposes of marketing new products, accessories or services.
australia’s massage chair specialists